ConCourt invalidates antenuptial contracts in customary marriages

The Constitutional Court of SA has ruled that antenuptial contracts entered into by monogamous couples already in a customary marriage are invalid. In a majority judgment delivered today, Justice Steven Majiedt said amendments allowing customary marriages to be converted into civil unions do not undo matrimonial property regimes that apply once a customary marriage exists. The court emphasised that the Recognition of Customary Marriages Act, enacted 26 years ago, was intended to place customary marriages on equal footing with civil unions. NLB Attorneys executive director Lucia Bugana explains the implications of the ruling. Tune into Newzroom Afrika DStv channel 405 for more.